Page:Motor Vehicle Idling (Fixed Penalty) Ordinance (Cap. 611).pdf/8

MOTOR VEHICLE IDLING (FIXED PENALTY) ORDINANCE 10. Supply of false information

A person who, in purported compliance with a requirement made under section 9(1), supplies any information that he or she knows is false or misleading commits an offence and is liable to a fine at level 2.

11. Demand notice if person fails to pay fixed penalty or refuses to accept penalty notice

(1) This section applies if a person—
 * (a) fails to pay the fixed penalty within 21 days after being given a penalty notice; or
 * (b) refuses to accept a penalty notice intended to be given to him or her.

(2) The Authority may serve on the person a notice in the prescribed form—
 * (a) demanding payment of the fixed penalty;
 * (b) informing the person that he or she must notify the Authority in writing if he or she wishes to dispute liability for the contravention to which the fixed penalty relates; and
 * (c) stating that the payment or notification must be made within 10 days after the date of service of the notice.

(3) A demand notice cannot be served later than—
 * (a) if subsection (1)(a) applies, 6 months after the date on which the penalty notice was given; or
 * (b) if subsection (1)(b) applies, 6 months after the date of the refusal.

(4) A demand notice may be served by sending it by post to the person’s address.

(5) A certificate of posting in the prescribed form purporting to be signed by or for the Authority is admissible in evidence in any proceedings under this Ordinance and, unless there is evidence to the contrary, it must be presumed that—
 * (a) the certificate was signed by or for the Authority; and
 * (b) the demand notice to which the certificate relates was duly served.

12. Withdrawal of penalty notice or demand notice

(1) The Authority may withdraw a penalty notice or demand notice at any time—
 * (a) before an order is made under section 13; or